Hening's Statutes at Large

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


CHAP. XXII. An act constituting the Court of Appeals.	[From Revised Bills of 1779, chap. XCIII. p. 64. Chan. Rev. p. 102.]
I. BE it enacted by the General Assembly, That a court of appeals for hearing and determining suits which ought to be instituted there, and for finally deciding those which are herein after referred to that tribunal,	Court of appeals established.

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shall be holden twice in every year, namely, on the twenty ninth, or when that shall happen to be Sunday, on the thirtieth day of March and August, and shall sit in the whole, six judicial [juridical] days successively each time (unless the business depending before them be sooner dispatched) at the capitol in Williamsburg, or at such other place as shall be appointed by the general assembly, or in their recess, by the governour, with advice of the privy council, in any such emergency as will make the adjournment of any other court by his writ lawful. The judges of the high court of chancery, general court, and court of admiralty, shall be judges of the court of appeals, of whom the first shall take precedence, and the second be next in rank, and five of them shall be a sufficient number to constitute the court. Every judge before he exercise this office, shall in that court openly give assurance of fidelity to the commonwealth, and take this oath: "You shall swear that you will well and truly serve this commonwealth in the office of a judge of the court of appeals, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward of gold, silver, or any other thing, directly or indirectly of any person or persons great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself or any other, privily or openly, any plea or quarrel depending in the courts of this commonwealth. You shall not delay any person of right for the letters or request of any person, nor for any other cause; and if any letter or request come to you, contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favour, or affection." This court shall have jurisdiction, not only in suits originating there and adjourned thither for trials by virtue of any statue, which trials shall be by juries according to the course of law, but also in such as shall be	Terms. Of what judges constituted. Precedence of judges. Oath of judges. Jurisdiction.

shall be holden twice in every year, namely, on the twenty ninth, or when that shall happen to be Sunday, on the thirtieth day of March and August, and shall sit in the whole, six judicial [juridical] days successively each time (unless the business depending before them be sooner dispatched) at the capitol in Williamsburg, or at such other place as shall be appointed by the general assembly, or in their recess, by the governour, with advice of the privy council, in any such emergency as will make the adjournment of any other court by his writ lawful. The judges of the high court of chancery, general court, and court of admiralty, shall be judges of the court of appeals, of whom the first shall take precedence, and the second be next in rank, and five of them shall be a sufficient number to constitute the court. Every judge before he exercise this office, shall in that court openly give assurance of fidelity to the commonwealth, and take this oath: "You shall swear that you will well and truly serve this commonwealth in the office of a judge of the court of appeals, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward of gold, silver, or any other thing, directly or indirectly of any person or persons great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself or any other, privily or openly, any plea or quarrel depending in the courts of this commonwealth. You shall not delay any person of right for the letters or request of any person, nor for any other cause; and if any letter or request come to you, contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favour, or affection." This court shall have jurisdiction, not only in suits originating there and adjourned thither for trials by virtue of any statue, which trials shall be by juries according to the course of law, but also in such as shall be

Terms.

Of what judges constituted.

Precedence of judges.

Oath of judges.

Jurisdiction.

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brought before them by appeals and writs of errour to reverse decrees of the high court of chancery, judgments of the general court, and sentences of the court of admiralty; after those decisions shall be final there, if the matter in controversy be equal in value, exclusive of costs, to fifty pounds, or be a freehold or franchise; and also in such cases as shall be removed before them by adjournment from the other courts before mentioned, when questions, in their opinion, new and difficult occur; and moreover in such, wherein appeals to reverse decrees and judgments of the former general court, and sentences of the court of vice admiralty, as had not been determined, the one by the king of Great Britain in his privy council, the other by the high court of admiralty of Grat Britain, before the fifteenth day of April, one thousand seven hundred and seventy six. The court shall appoint a clerk, tipstaff, and crier, the first removable for misbehaviour, the two others at pleasure, and shall be attended by the sheriff of the county in which they sit, as their officer. The party desiring to prosecute such appeal or writ of errour, shall proceed in like manner, and shall be liable to like damages if the decree, judgment, or sentence be affirmed; and the said clerk, shall issue the like process for summoning the adverse party, removing the records, suspending execution, and for every other requisite purpose, making those alterations in the form which are necessary to adapt it to the case, as are prescribed and ascertained in case of an appeal or writ of errour to reverse the decree, sentence, or judgment of a county, city, or borough court; and such prosecution shall be commenced within the time limited in the case last mentioned, unless it be such appeal to the said king or high court of admiralty, in which instance the prosecution shall be commenecd within twelve months after the first session of the said court of appeals shall be ended. The said clerk shall carefully preserve the transcripts of records certified to his court, with the bonds for prosecution, and all papers relative to them, and other suits depending therein, docketing them in the order he shall receive them, that they may be heard in the same course, unless the court for good cause to them shewn, direct any to be heard out of its turn; and shall faithfully record their proceedings and decisions, and certify such as	Clerk, tipstaff, and crier. Sheriff to attend. Appeals, writs of error, &c. how prosecuted. Duty of clerks, as to records, bonds, &c. Docketting causes.

brought before them by appeals and writs of errour to reverse decrees of the high court of chancery, judgments of the general court, and sentences of the court of admiralty; after those decisions shall be final there, if the matter in controversy be equal in value, exclusive of costs, to fifty pounds, or be a freehold or franchise; and also in such cases as shall be removed before them by adjournment from the other courts before mentioned, when questions, in their opinion, new and difficult occur; and moreover in such, wherein appeals to reverse decrees and judgments of the former general court, and sentences of the court of vice admiralty, as had not been determined, the one by the king of Great Britain in his privy council, the other by the high court of admiralty of Grat Britain, before the fifteenth day of April, one thousand seven hundred and seventy six. The court shall appoint a clerk, tipstaff, and crier, the first removable for misbehaviour, the two others at pleasure, and shall be attended by the sheriff of the county in which they sit, as their officer. The party desiring to prosecute such appeal or writ of errour, shall proceed in like manner, and shall be liable to like damages if the decree, judgment, or sentence be affirmed; and the said clerk, shall issue the like process for summoning the adverse party, removing the records, suspending execution, and for every other requisite purpose, making those alterations in the form which are necessary to adapt it to the case, as are prescribed and ascertained in case of an appeal or writ of errour to reverse the decree, sentence, or judgment of a county, city, or borough court; and such prosecution shall be commenced within the time limited in the case last mentioned, unless it be such appeal to the said king or high court of admiralty, in which instance the prosecution shall be commenecd within twelve months after the first session of the said court of appeals shall be ended. The said clerk shall carefully preserve the transcripts of records certified to his court, with the bonds for prosecution, and all papers relative to them, and other suits depending therein, docketing them in the order he shall receive them, that they may be heard in the same course, unless the court for good cause to them shewn, direct any to be heard out of its turn; and shall faithfully record their proceedings and decisions, and certify such as

Clerk, tipstaff, and crier.
Sheriff to attend.
Appeals, writs of error, &c. how prosecuted.

Duty of clerks, as to records, bonds, &c.

Docketting causes.

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shall be given upon appeals, writs of errour, and matters removed by adjournment to the proper courts. A clear and concise state of the case of each party in such appeal, writ of errour, or controversy adjourned by reason of novelty and difficulty, with the points intended to be insisted upon, signed by his counsel and printed, the expence whereof shall be taxed in the bill of costs, shall be delivered to every judge time enough before the hearing for his consideration; but the court, if this be neglected, may nevertheless hear and determine the matter, and may take into their consideration any thing apparent in the manuscript record, although it be omitted in such printed case, and may give such decree, judgment, or sentence, if it be not affirmed or reversed in the whole, as the court whose errour is sought to be corrected, ought to have given (affirming in those cases where the voices on both sides shall be equal, with an allowance of the costs of appeal) to the party prevailing, to be certified as well as their opinion upon any adjourned question to the court, from which the matter was removed, who shall enter it as their own, and award execution thereupon accordingly. So much of a former act of assembly constituting a court of appeals, as comes within the perview of this act, is hereby repealed.

Statements of cases.

Decisions, how certified.

Repealing clause.

CHAP. XXIII.

An	act to secure the moveable property of those who have joined, or hereafter may join the enemy.

WHEREAS during the present war, particularly in the late invasion, many persons have left this commonwealth and gone off with the enemy, some of whom have left many articles of moveable property behind them; that such property therefore may be immediately secured, Be it enacted by the General Assembly, That the governour, with the advice of the council, is

Personal property of those joining the enemy, how secured.

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hereby empowered and required to appoint a person in each county within this commonwealth, wherein it may be necessary, to inquire into and secure all the slaves and other moveable property of all such persons as already have, or hereafter may depart and join the enemy, until the same can be proceeded in according to law. And that after found, such moveable property when secured, shall be disposed of by the escheator of the county according to law.

When disposed of, by escheator.

CHAP. XXIV.

An	act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witnesses, in certain cases.

[See Revised Bills of 1779, chap. LXV. also Chan. Rev. p. 102.]

BE it enacted by the General Assembly, That he or she shall be adjudged a felon and not have the benefit of clergy, who shall steal, or by robbery take from the possession or custody of another, any bill of credit or treasury note, or loan office certificate of the United States, or any of them, or any warrant of the governour or other person exercising that function, or any certificate of the auditors for publick accounts to the treasurer, authorising the payment of money, or shall present, or cause to be presented, such loan office certificate at a loan office of the United States, or any of them, for the discharge of the whole or any part thereof, or such warrant or auditors certificate at the publick treasury for the payment thereof, knowing such loan office certificate or warrant, or auditors certificate to have been stolen, or by robbery taken from the possession or custody of another. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting a writing, signed and directed, or certified to the publick

Stealing, or taking by robbery, certain bills of credit, treasury notes, certificates, or warrants, felony without clergy.

Forging or counterfeiting certain warrants, treasury notes, &c. felony without clergy.

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treasurer, purporting to be a warrant of the governour, or other person exercising that function, or a certificate of the auditors for publick accounts to authorize the payment of money; or cause or procure such writing to be falsely made, forged, or counterfeited; or present such writing, or cause or procure it to be presented at the publick treasury, knowing it to have been falsely made, forged, or counterfeited, in order to receive the money, or any part of the money therein mentioned; or shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting, a writing to be offered to the auditors for publick accounts as a voucher, in order to obtain their allowance of a demand, and certificate of such allowance; or cause or procure such writing to be falsely made, forged, or counterfeited, or offer such writing, or cause or procure it to be offered to the said auditors, knowing it to have been falsely made, forged, or counterfeited, in order to obtain their allowance and certificate aforesaid. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note, or loan office certificate of the United States of America, or any or either of them; or shall cause or procure such bill of credit or treasury note or loan office certificate to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or loan office certificate; or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note, or loan office certificate in payment or exchange, knowing the same to have been forged or counterfeited, altered or erased; or shall have in his or her custody or possession, any press, types, stamp, plate, or other instrument necessary to be used in the fabrication of such bill of credit or treasury note, or loan office certificate, and not actually used in some publick printing office; or any paper with or without signature, on which the characters, words, and numerical figures contained in a genuine bill of credit or treasury note, or loan office certificate, are or shall be impressed or inscribed in like order as they are in such bill of credit or treasury note, or loan office certificate, or any such bill of credit, treasury note, or loan office certificate,	Having in possession, instruments for forging or counterfeiting.

treasurer, purporting to be a warrant of the governour, or other person exercising that function, or a certificate of the auditors for publick accounts to authorize the payment of money; or cause or procure such writing to be falsely made, forged, or counterfeited; or present such writing, or cause or procure it to be presented at the publick treasury, knowing it to have been falsely made, forged, or counterfeited, in order to receive the money, or any part of the money therein mentioned; or shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting, a writing to be offered to the auditors for publick accounts as a voucher, in order to obtain their allowance of a demand, and certificate of such allowance; or cause or procure such writing to be falsely made, forged, or counterfeited, or offer such writing, or cause or procure it to be offered to the said auditors, knowing it to have been falsely made, forged, or counterfeited, in order to obtain their allowance and certificate aforesaid. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note, or loan office certificate of the United States of America, or any or either of them; or shall cause or procure such bill of credit or treasury note or loan office certificate to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or loan office certificate; or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note, or loan office certificate in payment or exchange, knowing the same to have been forged or counterfeited, altered or erased; or shall have in his or her custody or possession, any press, types, stamp, plate, or other instrument necessary to be used in the fabrication of such bill of credit or treasury note, or loan office certificate, and not actually used in some publick printing office; or any paper with or without signature, on which the characters, words, and numerical figures contained in a genuine bill of credit or treasury note, or loan office certificate, are or shall be impressed or inscribed in like order as they are in such bill of credit or treasury note, or loan office certificate, or any such bill of credit, treasury note, or loan office certificate,

Having in possession, instruments for forging or counterfeiting.

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which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, or loan office certificate, to two justices of the peace before the last day of June, in this present year, one thousand seven hundred and seventy nine, or within five days after they shall have come to his possession. When the justices of a county in which any such felony as is before described shall be supposed to have been done, shall have determined, upon examination, that the person charged therewith ought to be tried before the general court, the high sheriff, or if he be not able to attend, the coroner shall deliver to them a list of the names of thirty six good and lawful men, out of which, twenty four shall be stricken, one after another, the justices and the prisoner striking alternately, or if the prisoner refuse to strike, the justices striking only, and the remaining twelve men shall be summoned by the writ of venire facias for trial of the prisoner. When a justice of peace, before whom a person charged upon oath with any such felony as aforesaid, shall inform the governour that he hath cause to suspect that the offender, if he or she should be committed to the jail of the county in which the felony was done would be rescued (which information the justice is required to give in writing, with secrecy and despatch) or when a person shall be charged upon oath made before the governour with such felony, in either case, the governour, with advice of the council of state, may by his warrant, empower and order so many men as shall be judged sufficient to apprehend the person accused, and convey and commit him or her to any other jail, in which he or she shall be detained, and shall by another warrant direct the sheriff of that county in which the last mentioned jail is, to summon the justices thereof to meet at the courthouse before the end of twenty days afterwards; and thereupon the said justices shall proceed in the same manner as they might have proceeded if the fact alledged against the prisoner had been done in their own county. And if he or she be remanded, the clerk of the peace attending the said justices, shall, within twenty days afterwards, certify the same to the sheriff of the county in which the fact was done, or failing to do so, shall forfeit one	Proceedings against offenders.

which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, or loan office certificate, to two justices of the peace before the last day of June, in this present year, one thousand seven hundred and seventy nine, or within five days after they shall have come to his possession. When the justices of a county in which any such felony as is before described shall be supposed to have been done, shall have determined, upon examination, that the person charged therewith ought to be tried before the general court, the high sheriff, or if he be not able to attend, the coroner shall deliver to them a list of the names of thirty six good and lawful men, out of which, twenty four shall be stricken, one after another, the justices and the prisoner striking alternately, or if the prisoner refuse to strike, the justices striking only, and the remaining twelve men shall be summoned by the writ of venire facias for trial of the prisoner. When a justice of peace, before whom a person charged upon oath with any such felony as aforesaid, shall inform the governour that he hath cause to suspect that the offender, if he or she should be committed to the jail of the county in which the felony was done would be rescued (which information the justice is required to give in writing, with secrecy and despatch) or when a person shall be charged upon oath made before the governour with such felony, in either case, the governour, with advice of the council of state, may by his warrant, empower and order so many men as shall be judged sufficient to apprehend the person accused, and convey and commit him or her to any other jail, in which he or she shall be detained, and shall by another warrant direct the sheriff of that county in which the last mentioned jail is, to summon the justices thereof to meet at the courthouse before the end of twenty days afterwards; and thereupon the said justices shall proceed in the same manner as they might have proceeded if the fact alledged against the prisoner had been done in their own county. And if he or she be remanded, the clerk of the peace attending the said justices, shall, within twenty days afterwards, certify the same to the sheriff of the county in which the fact was done, or failing to do so, shall forfeit one

Proceedings against offenders.

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hundred pounds; and the same sheriff shall summon the justices of his county to meet at the courthouse thereof, within ten days after receipt of such certificate, and then deliver to them such list as aforesaid, out of which, twenty four shall be stricken, in manner before directed, any agent authorized by the prisoner, striking for him or her, or if no such appear, the justices striking only; and the remaining twelve shall be summoned as jurors for trial of the prisoner, by writ of venire facias, to be issued by the clerk of the last mentioned county. Every juror summoned by virtue of any such writ of venire facias, who shall fail at the return thereof, and from that time until he be discharged, to attend the general court, shall forfeit one hundred pounds, unless the defaulter shew good cause to the contrary, having been summoned for that purpose. Any justice of the peace may, by his warrant, cause to be apprehended and brought before him, every such person travelling in the county of the said justice, as he shall suspect to carry forged bills of credit or treasury notes, or loan office certificates, and search to be made in the wearing apparel and baggage of the said traveller by force, if he or she expose them not voluntarily. The governour, with advice of the council of state, may offer rewards for apprehending those who, having been charged upon oath with any of the felonies before described, shall have fled from justice, and may draw warrants for such rewards not exceeding one thousand pounds for any one fugitive, which shall be paid out of the publick treasury. The auditors shall grant certificates to all witnesses, veniremen, and sheriffs, for their attendance in criminal cases, and shall allow them in such certificates two shillings per mile for travelling, and four pounds per day for their attendance, besides ferriages (instead of the allowances heretofore established by law) which the treasurer is directed to pay for their attendance at the general court, held in this present month, and to all others who may attend at future general courts after the passing this act. The certificate from the auditors to be granted upon testimonial from the clerk of the court at which the witnesses, veniremen, or sheriffs shall have attended. This act shall be in force until the first day of January, one thousand seven hundred and eighty one; and so much of the act of last session "For more	Persons suspected of having forged counterfeited notes, how apprehended. Rewards for apprehending. Allowances to witnesses, veniremen, and sheriffs, what, and how paid.

hundred pounds; and the same sheriff shall summon the justices of his county to meet at the courthouse thereof, within ten days after receipt of such certificate, and then deliver to them such list as aforesaid, out of which, twenty four shall be stricken, in manner before directed, any agent authorized by the prisoner, striking for him or her, or if no such appear, the justices striking only; and the remaining twelve shall be summoned as jurors for trial of the prisoner, by writ of venire facias, to be issued by the clerk of the last mentioned county. Every juror summoned by virtue of any such writ of venire facias, who shall fail at the return thereof, and from that time until he be discharged, to attend the general court, shall forfeit one hundred pounds, unless the defaulter shew good cause to the contrary, having been summoned for that purpose. Any justice of the peace may, by his warrant, cause to be apprehended and brought before him, every such person travelling in the county of the said justice, as he shall suspect to carry forged bills of credit or treasury notes, or loan office certificates, and search to be made in the wearing apparel and baggage of the said traveller by force, if he or she expose them not voluntarily. The governour, with advice of the council of state, may offer rewards for apprehending those who, having been charged upon oath with any of the felonies before described, shall have fled from justice, and may draw warrants for such rewards not exceeding one thousand pounds for any one fugitive, which shall be paid out of the publick treasury. The auditors shall grant certificates to all witnesses, veniremen, and sheriffs, for their attendance in criminal cases, and shall allow them in such certificates two shillings per mile for travelling, and four pounds per day for their attendance, besides ferriages (instead of the allowances heretofore established by law) which the treasurer is directed to pay for their attendance at the general court, held in this present month, and to all others who may attend at future general courts after the passing this act. The certificate from the auditors to be granted upon testimonial from the clerk of the court at which the witnesses, veniremen, or sheriffs shall have attended. This act shall be in force until the first day of January, one thousand seven hundred and eighty one; and so much of the act of last session "For more

Persons suspected of having forged counterfeited notes, how apprehended.

Rewards for apprehending.

Allowances to witnesses, veniremen, and sheriffs, what, and how paid.

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effectually guarding against counterfeiting of the bills of credit, treasury notes, and loan office certificates," and of every other act as is within the perview of, and inconsistent with this, is repealed.

CHAP. XXV.

An	act for declaring and asserting the rights of this commonwealth concerning purcahsing [purchasing] lands from Indian natives.

[Chan. Rev. p. 103.]

I. TO remove and prevent all doubt concerning purchases of land from the Indians, Be it declared by the General Assembly, That this commonwealth hath the exclusive right of preemption from the Indians of all lands within the limits of its own chartered territory, as described by the act and constitution of government in the year one thousand seven hundred and seventy six; that no person or persons whatsoever have, or ever had, a right to purchase any lands within the same from any Indian nation, except only persons duly authorized to make such purchases on the publick account, formerly for the use and benefit of the colony, and lately of the commonwealth; and that such exclusive right of preemption will, and ought to be maintained by this commonwealth to the utmost of its power.

Exclusive right of commonwealth to purchase lands of Indians asserted.

II. Be it farther declared and enacted, That every purchase of lands heretofore made by, or on behalf of the crown of England or of Great Britain, from any Indian nation or nations within the before mentioned limits, doth and ought to enure for ever to and for the use and benefit of this commonwealth, and to and for no other sue or purpose whatsoever; and that all sales and deed which have been or shall be made by any Indian or Indians, or by any Indian nation or nations,

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for lands within the said limits, to or for the separate use of any person or persons whatsoever, shall be, and the same are hereby declared utterly void and of no effect.
CHAP. XXVI. An act constituting the Court of Admiralty.	[From Revised Bills of 1779. chap. XCII. p. 63. Chan. Rev. p. 104.]
Be it enacted by the General Assembly, That the court of admiralty to consist of three judges, any two of who are declared to consist of three judges, any two of whom are declared to be a sufficient number to constitute a court, shall have jurisdiction in all maritime causes, except those wherein any parties may be accused of capital offences now depending and hereafter to be brought before them, shall take precedence in court according to the order in time of their appointments, and shall be governed in their proceedings and decisions by the regulations of the congress of the United States of America, by the acts of the general assembly, by the laws of Oleron, and the Rhodian and Imperial laws, so far as they have been heretofore observed in the English courts of admiralty, and by the laws of nature and nations. If the regulations of congress happen to differ from those of general assembly, the latter are declared to be supreme in cases wherein the citizens only are litigants, and the former in all other cases: Every future judge of this court shall be chosen by joint ballot of both houses of assembly; and before he enters on the duties of his office, besides taking the oath of fidelity, he shall take the following oath, to be administered by the governour in council: "You shall swear that well and truly you will serve this commonwealth in the office of a judge of the court of admiralty; that you will do equal right to all manner of people, great and small, high and low, rich and poor, of what country or nation soever they be, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward, of gold, silver, or any	Court of admiralty established. Number of judges. Jurisdiction. By what laws governed. Provision, where regulation of congress conflict with laws of state. Judges, how chosen. Oath of judges.

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other thing, directly or indirectly, of any person or persons, great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself, or by any other, privily or openly, any plea or quarrel depending in the said court. You shall not delay any person of right for the letters or request of any one, nor for any other cause; and if any letter or request come to you contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favour, affection, or partiality." The taking of which oath, or the certificate thereof, shall be registered in the said court. Any judge executing his office before he shall have taken the said oath, or given assurance of fidelity to the commonwealth, shall forfeit five hundred pounds of current money, to the use of the commonwealth. This court or any two judges thereof, when it is not sitting, shall appoint a register, an advocate, and a marshal, when those offices shall become vacant, who shall take the oath of office, and of whom the register and marshal shall moreover give bonds, the former in one thousand pounds, and the other in ten thousand pounds, payable to the governour or his successours, with sureties, to be approved by the court or two judges, with condition that they will faithfully and impartially perform their respective office, and account for an pay all money which may come to their hands by virtue thereof; upon which bonds, suits may be severally brought for the benefit and at the costs of any persons grieved by breach of the conditions until the damages to be recovered shall be equal to the penalties. The judges, register, advocate, and marshal, shall continue in office so long as they respectively demean themselves well therein. The court shall sit so often as there shall be occasion, at the capitol in Williamsburg, until the general assembly shall appoint another place, or at, or in such house or place as the governour, with advice of the council, shall by writ of adjournment direct, in case an accident by fire or tempest, or a pestilential	Penalty for acting without oath. Register, advocate, and marshal. Tenure of office. Court, where to sit.

other thing, directly or indirectly, of any person or persons, great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself, or by any other, privily or openly, any plea or quarrel depending in the said court. You shall not delay any person of right for the letters or request of any one, nor for any other cause; and if any letter or request come to you contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favour, affection, or partiality." The taking of which oath, or the certificate thereof, shall be registered in the said court. Any judge executing his office before he shall have taken the said oath, or given assurance of fidelity to the commonwealth, shall forfeit five hundred pounds of current money, to the use of the commonwealth. This court or any two judges thereof, when it is not sitting, shall appoint a register, an advocate, and a marshal, when those offices shall become vacant, who shall take the oath of office, and of whom the register and marshal shall moreover give bonds, the former in one thousand pounds, and the other in ten thousand pounds, payable to the governour or his successours, with sureties, to be approved by the court or two judges, with condition that they will faithfully and impartially perform their respective office, and account for an pay all money which may come to their hands by virtue thereof; upon which bonds, suits may be severally brought for the benefit and at the costs of any persons grieved by breach of the conditions until the damages to be recovered shall be equal to the penalties. The judges, register, advocate, and marshal, shall continue in office so long as they respectively demean themselves well therein. The court shall sit so often as there shall be occasion, at the capitol in Williamsburg, until the general assembly shall appoint another place, or at, or in such house or place as the governour, with advice of the council, shall by writ of adjournment direct, in case an accident by fire or tempest, or a pestilential

Penalty for acting without oath.

Register, advocate, and marshal.

Tenure of office.

Court, where to sit.

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disease, or an enemy, shall make it necessary. This court shall have power to order sale of perishable goods to be made at any time, taking sufficient caution for securing the proceeds of the sale to him who shall be entitled to them by the final sentence. Every commander of a ship of war or other vessel belonging to the commonwealth, or to any citizen thereof, when he shall be required, shall assist the marshal of the said court acting by virtue of the process thereof, to seize and secure any vessel or goods subject to such process, so as not to violate the right of any other of the United States, or of any state, or prince in amity with them. When a citation shall have been served upon the owner or master of a vessel therein mentioned, if no person appear at the return day, or at such further time as the court for peculiar reasons shall appoint, and enter into the litigation, [legislation,] the libel shall be taken for confessed; and if return be made that the master or owner was not found, and no person appear and claim, the court shall make an order, to be published three times in the Virginia Gazette, that the libel be taken for confessed, unless the party interested shall appear and shew cause to the contrary at a certain day to be limited in the order, not being less than three nor more than six weeks after the making thereof; and the said order being so published, if there be no such appearance before expiration of the time limited, the libel shall be taken for confessed accordingly, caution being given to secure the effects so that they may be subject to the future order of the court; and the sentence given thereupon shall be published in manner aforesaid; and if the master, owner, or other person interested at any time within one year after such last mentioned publication, or that being omitted within seven years after sentence, by petition desire that the cause be reheard, and give security for payment of such costs as may be awarded against him, the court shall admit such party to make his defence or claim, in the same manner as if he had appeared at the return of the citation and give such sentence as they think just and agreeable with the laws prescribed for the rules of their decisions. Commissions for taking the examinations of witnesses may be awarded, and such examinations may be used in like cases as they	Sale of perishable goods. Rules of practice. Libel. Citation. Publication. Defence. Depositions.

disease, or an enemy, shall make it necessary. This court shall have power to order sale of perishable goods to be made at any time, taking sufficient caution for securing the proceeds of the sale to him who shall be entitled to them by the final sentence. Every commander of a ship of war or other vessel belonging to the commonwealth, or to any citizen thereof, when he shall be required, shall assist the marshal of the said court acting by virtue of the process thereof, to seize and secure any vessel or goods subject to such process, so as not to violate the right of any other of the United States, or of any state, or prince in amity with them. When a citation shall have been served upon the owner or master of a vessel therein mentioned, if no person appear at the return day, or at such further time as the court for peculiar reasons shall appoint, and enter into the litigation, [legislation,] the libel shall be taken for confessed; and if return be made that the master or owner was not found, and no person appear and claim, the court shall make an order, to be published three times in the Virginia Gazette, that the libel be taken for confessed, unless the party interested shall appear and shew cause to the contrary at a certain day to be limited in the order, not being less than three nor more than six weeks after the making thereof; and the said order being so published, if there be no such appearance before expiration of the time limited, the libel shall be taken for confessed accordingly, caution being given to secure the effects so that they may be subject to the future order of the court; and the sentence given thereupon shall be published in manner aforesaid; and if the master, owner, or other person interested at any time within one year after such last mentioned publication, or that being omitted within seven years after sentence, by petition desire that the cause be reheard, and give security for payment of such costs as may be awarded against him, the court shall admit such party to make his defence or claim, in the same manner as if he had appeared at the return of the citation and give such sentence as they think just and agreeable with the laws prescribed for the rules of their decisions. Commissions for taking the examinations of witnesses may be awarded, and such examinations may be used in like cases as they

Sale of perishable goods.

Rules of practice.

Libel.

Citation.

Publication.

Defence.

Depositions.

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may be in an action at common-law. In a case where both parties are citizens of the commonwealth, every matter of fact affirmed by the one and denied by the other, shall be stated as a formal issue and tried by the same court by a jury in like manner as such issue ought to be tried in an action at common law. The court may at any time after, but not before an interlocutory sentence, if they see good cause, require a person pretending a claim to any vessel or goods mentioned in the libel to give security for the costs which may be occasioned by discussion of the claim, and may refuse to admit him until such security be given, and may award any party to pay costs when they judge it reasonable, unless he be the master or owner appearing and making a defence or a claim at the return of a citation; and the like execution for such costs may issue, and there shall be like proceedings thereupon as for costs recovered by judgment in an action of common law, otherwise than that the execution shall bear teste the day of emanation, and may be made returnable to any day not less than one month thereafter. In case of a capture from an enemy, if there be a condemnation and neither of the United States in general, nor the commonwealth in particular be interested therein, the court shall order the sales to be made, and accounts thereof to be returned by the libellant or his agent, if it be his desire. A party thinking himself aggrieved may appeal from the final sentence of the court, to such court and in such manner as is or shall be appointed by congress, except in cases between the citizens of this commonwealth; which shall be to the court of appeals, giving bond with surety, in the latter to prosecute the appeal and perform the sentence, if it be affirmed. If the seizure of any vessel has been or hereafter shall be made by an officer of this commonwealth, and a prosecution instituted thereon, in which the respondent or respondents shall have prevailed or hereafter may prevail, one moiety of the costs of such prosecution after having been audited by the auditors of publick accounts, shall be paid by the treasurer, provided the court have certified or shall certify that there was probable cause for such seizure. The judges of the present court of admiralty, to wit: Benjamin Waller, Richard Cary, and William Roscoe	Trial by jury, when. Security for costs, when. Sales of goods condemned. Appeal, right of, and to what tribunal. Present judges confirmed in office.

may be in an action at common-law. In a case where both parties are citizens of the commonwealth, every matter of fact affirmed by the one and denied by the other, shall be stated as a formal issue and tried by the same court by a jury in like manner as such issue ought to be tried in an action at common law. The court may at any time after, but not before an interlocutory sentence, if they see good cause, require a person pretending a claim to any vessel or goods mentioned in the libel to give security for the costs which may be occasioned by discussion of the claim, and may refuse to admit him until such security be given, and may award any party to pay costs when they judge it reasonable, unless he be the master or owner appearing and making a defence or a claim at the return of a citation; and the like execution for such costs may issue, and there shall be like proceedings thereupon as for costs recovered by judgment in an action of common law, otherwise than that the execution shall bear teste the day of emanation, and may be made returnable to any day not less than one month thereafter. In case of a capture from an enemy, if there be a condemnation and neither of the United States in general, nor the commonwealth in particular be interested therein, the court shall order the sales to be made, and accounts thereof to be returned by the libellant or his agent, if it be his desire. A party thinking himself aggrieved may appeal from the final sentence of the court, to such court and in such manner as is or shall be appointed by congress, except in cases between the citizens of this commonwealth; which shall be to the court of appeals, giving bond with surety, in the latter to prosecute the appeal and perform the sentence, if it be affirmed. If the seizure of any vessel has been or hereafter shall be made by an officer of this commonwealth, and a prosecution instituted thereon, in which the respondent or respondents shall have prevailed or hereafter may prevail, one moiety of the costs of such prosecution after having been audited by the auditors of publick accounts, shall be paid by the treasurer, provided the court have certified or shall certify that there was probable cause for such seizure. The judges of the present court of admiralty, to wit: Benjamin Waller, Richard Cary, and William Roscoe

Trial by jury, when.

Security for costs, when.

Sales of goods condemned.

Appeal, right of, and to what tribunal.

Present judges confirmed in office.

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Wilson Curle, esquires, are hereby confirmed in their office, and shall take precedence as they are here named.

CHAP. XXVII.

An	act to sever certain lots from the town of Dumfries, held by William Grayson, gentleman.

WHEREAS it has been represented to this present general assembly, that William Grayson, gentleman, is seized of twelve lots in the town of Dumfries and county of Prince William, which from their mountainous situation are no way beneficial to the said town; and it would be to the advantage of the said William Grayson, were the said lots severed therefrom: Be it therefore enacted by the General Assembly, That the said twelve lots of land, numbered from ninety two to one hundred and three inclusive, together with such parts of Oroonoko, Hedgman, and back streets, as run through or on the back of the same, shall be severed from and not taken as part of the said town of Dumfries, but the said lots and parts of streets above described, shall from henceforth be absolutely vested in the said William Grayson, and his heirs for ever. And that so much of an act entitled "An act for enlarging the towns of Fredericksburg and Winchester, the city of Williamsburg, and town of Dumfries," as comes within the perview of this act, is hereby repealed.

Certain lots of William Grayson, severed from the town of Dumfries.

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CHAP. XXVIII.

An	act to authorise certain trustees to pay to William Todd, gentleman, the money arising from the sale of lands, and for other purposes.

WHEREAS by an act of assembly passed in the year of our Lord, one thousand seven hundred and seventy two, entitled "An act to dock the intail of certain lands whereof William Todd, gentleman, is seized, and for other purposes therein mentioned," the said lands were vested in George Brooke, Gregory Baylor, William Lyne, John Tayloe Corbin, and Richard Tunstall, junior, gentlemen, or any three of them in trust, that they or the major part of them should fairly sell and dispose of the said lands and convey the same to the purchaser in fee, and that the money arising from such sale should be by the said trustees laid out in the purchase of slaves to be vested in the said William Todd, and to descend and go as the said lands would have descended and gone. And it being represented to this assembly by the said William Todd, and to descend and go as the said lands would have descended and gone. And it being represented by the William Todd, that the said trustees have sold and conveyed the said lands, but have failed to lay out the purchase money according to the directions of the said recited act, which cannot now be done consistent with the laws of this commonwealth. Be it therefore enacted, That the said trustees shall account for and pay the said money to the said William Todd, his executors, administrators, or assigns; and that so much of the said recited act as directs the said trustees to lay out the said money in the purchase of slaves, shall be, and the same is hereby repealed.

Certain trustees authorised to pay to William Todd, the proceeds of the sale of his entailed lands.

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CHAP. XXIX. An act for paying the wages of the members, of this present session of Assembly.
WHEREAS by an act entitled "An act for fixing the allowance of the members of general assembly," passed at this present session by authority from the body of the people, it was provided that the said allowance should be of fifty pounds of neat tobacco by the day for attendance on assembly, two pounds of the like tobacco for every mile they must necessarily travel going to or from the same together with their ferriages, to be paid to them in money out of the publick treasury, at such rate as shall be estimated by the grand jury at the session of the general court next, before the meeting of each respective session of assembly, governing themselves in the said estimate by the worth of the said tobacco, and the competence of the same to defray the necessary expenses of travelling and attendance; but no mode was pointed out for estimating the said tobacco for this present session: Be it therefore enacted, That the grand jury which shall be sworn at the first session of the general court after the passing of this act, shall make the said estimate as well for the present, as for any session which may ensue; and such estimation being made it shall be lawful for the several members to receive payment of the same of the treasurer, for their attendance at, and travelling to, and from, the present session, and their ferriages, observing the forms heretofore prescribed by law. No person shail henceforward be capable of serving on any grand jury in the general court while he shall be a member of either house of assembly or a candidate for a seat therein. The grand juries of the general court shall be sworn by the clerk to make the estimate directed by the said act, honestly, impartially, and according to the plain intention of the said act; and if they shall differ in opinion as to the price at which the said tobacco shall be estimated, the sum at which every of the said jurors estimates it, shall be distinctly noted in writing and the whole added together, and	Wages of members of general assembly, how estimated and paid. Grand jury at general court, to estimate the price of tobacco, payable to members of assembly.

CHAP. XXIX.

An act for paying the wages of the members, of this present session of Assembly.

WHEREAS by an act entitled "An act for fixing the allowance of the members of general assembly," passed at this present session by authority from the body of the people, it was provided that the said allowance should be of fifty pounds of neat tobacco by the day for attendance on assembly, two pounds of the like tobacco for every mile they must necessarily travel going to or from the same together with their ferriages, to be paid to them in money out of the publick treasury, at such rate as shall be estimated by the grand jury at the session of the general court next, before the meeting of each respective session of assembly, governing themselves in the said estimate by the worth of the said tobacco, and the competence of the same to defray the necessary expenses of travelling and attendance; but no mode was pointed out for estimating the said tobacco for this present session: Be it therefore enacted, That the grand jury which shall be sworn at the first session of the general court after the passing of this act, shall make the said estimate as well for the present, as for any session which may ensue; and such estimation being made it shall be lawful for the several members to receive payment of the same of the treasurer, for their attendance at, and travelling to, and from, the present session, and their ferriages, observing the forms heretofore prescribed by law. No person shail henceforward be capable of serving on any grand jury in the general court while he shall be a member of either house of assembly or a candidate for a seat therein. The grand juries of the general court shall be sworn by the clerk to make the estimate directed by the said act, honestly, impartially, and according to the plain intention of the said act; and if they shall differ in opinion as to the price at which the said tobacco shall be estimated, the sum at which every of the said jurors estimates it, shall be distinctly noted in writing and the whole added together, and

Wages of members of general assembly, how estimated and paid.

Grand jury at general court, to estimate the price of tobacco, payable to members of assembly.

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the amount thereof divided by the number of those who shall have given in their estimate, and the quotient or average value which shall result from this operation or such other sum near thereto as to avoid fractions, shall be approved by a majority of them, shall be the estimate at which the said allowances shall be paid.

How, if they disagree.

CHAP. XXX.

An	act for continuing an act entitled An act to empower the governour and council to lay an embargo for a limited time.

WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, entitled "An act to empower the governour and council to lay an embargo for a limited time," will expire at the end of this present session of assembly, and it is necessary the same should be continued; Be it therefore enacted, That the said recited act shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

Act empowering governor and council, to lay an embargo, further continued.

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CHAP. XXXI.

An	act for continuing an act entitled An act for giving certain powers to the governour and council.

[See vol. 9, p. 428, 462, 477.]

WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy seven, entitled "An act for giving certain powers to the governour and council," which was continued by an act entitled "An act for continuing an act for giving certain powers to the governour and council," which was farther continued by an act entitled "An act to extend the powers of the governour and council," will expire at the end of this present session of assembly; and it is expedient that the same should be farther continued; Be it therefore enacted, That the act entitled "An act for giving certain powers to the governour and council," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

Acts giving certain powers to governor and council, further continued.

CHAP. XXXII.

An	act for continuing an act entitled An act to empower the governour and council to superintend and regulate the publick jail.

[See vol. 9, p. 478.]

WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, entitled "An act to empower the governour and council to superintend and regulate the publick jail," will expire at the end of this present session of assembly, and it is necessary the same should be continued; Be it therefore enacted by the General Assembly, That the

Act empowering governor and council to superintend and regulate the publick jail, further continued.

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said act shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

CHAP. XXXIII.

An	act for continuing an act entitled An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour.

[See vol. 9, p. 584.]

WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, entitled "An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour," will expire at the end of this present session of assembly, and it is necessary the same should be continued; Be it therefore enacted by the General Assembly, That the said act shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

Act to enable the governor and council to supply armies and navies of United States & their allies, with grain & flour, further continued.

CHAP. XXXIV.

An	act to increase the salaries of the clerks to the auditors of bndlick [publick] accounts.

WHEREAS the salaries allowed to the clerk of accounts and the assistant clerk, by an act entitled "An act for establishing a board of auditors of publick accounts," have been found inadequate to their

Salaries of clerks of auditors increased.

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services; Be it therefore enacted by the General Assembly, That the said former salaries shall cease, and in lieu thereof shall be paid to each of the said clerks the sum of eight hundred pounds by the year.

CHAP. XXXV.

An	act to empower the justices of Stafford county to fix on a proper place for erecting their courthouse.

WHEREAS it is represented to this present general assembly by the inhabitants of the county of Stafford, that the place fixed on by the justices thereof for building a courthouse at or near Mr. William Garrard's, is neither central nor convenient; Be it therefore enacted, That the justices of the peace for the said county, or a majority of them shall, on or before the first day of October next, having first by actual survey ascertained the centre thereof (provided such survey be by voluntary subscription) fix on some place as near such centre as convenience will admit, for building their courthouse.

Justices of Stafford county empowered to ascertain centre of county, by actual survey, for purpose of erecting court house.

CHAP. XXXVI.

An	act for giving a farther time to the purchasers of lots in the town of Bath to build thereon.

WHEREAS by an act of assembly, entitled "An act for giving a farther time to the purchasers of lots in the town of Bath to build thereon," the period therein limited for that purpose, will expire on the

Further time allowed purchasers of lots in town of Bath to improve them.

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first day of September next; and from the difficulty of procuring materials for building, it is necessary a farther time should be allowed; Be it therefore enacted by the General Assembly, That the purchasers of lots in the said town of Bath shall be allowed until the first day of November, one thousand seven hundred and eighty two, as a farther time to build upon and save the same; any law to the contrary notwithstanding.
CHAP. XXXVII. An act for disposing of the glebe of Russell parish, and for other purposes.
WHEREAS it is represented to this present general assembly that it would be of great advantage to the minister of the parish of Russell, in the county of Bedford, as well as the inhabitants thereof, to sell the glebe lands of the said parish, and to lay out the money arising from such sale in the purchase of other lands for a glebe; Be it therefore enacted by the General Assembly, That the said glebe lands, with the appurtenances, be, and the same are hereby vested in Richard Stith, William Laftwitch, James Callaway, Jeremiah Early, and John Quarles, gentlemen in trust; that they, or the major part of them, shall sell the lands aforesaid at publick auction, for the best price that can be got, and convey the same to the purchaser or purchasers thereof, his or their heirs and assigns for ever. And be it farther enacted, That the money arising from such sale shall be by the said Richard Stith, William Laftwitch, James Callaway, Jeremiah Early, and John Quarles, laid out and applied towards purchasing a more convenient glebe for the use and benefit of the minister of the said parish for the time being for ever.	Vestry of Russell parish, in county of Bedford, authorised to sell their glebe.

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CHAP. XXXVIII.

An	act to empower the Justices of Nansemond county to hold courts at such place as they shall appoint, and for other purposes.

WHEREAS by the burning of the town of Suffolk, in the county of Nansemond, by the enemy in a late invasion, the courthouse of the said county was also destroyed, whereby the justices of the said county will be hindered from holding courts if not remedied: Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the justices of the said county, after publick notice given, to meet and agree upon a proper place for erecting a courthouse and prison, and to appoint some person or persons to agree with an undertaker for performance of such work, and the expense thereof shall by the court of the said county be levied and assessed on the inhabitants thereof, in the same manner as other claims against the county are by law directed to be levied and assessed.

Justices of Nansemond authorised to appoint a place for holding courts; −− the town of Suffolk, having been burnt by the enemy.

And be it farther enacted by the authority aforesaid, That the justices of the said county shall have full power and authority to hold courts at the courthouse so to be erected, and to hear and determine all matters cognizable before them; and until such courthouse can be erected, it shall and may be lawful for the said justices to hold courts for the said county at such convenient place as they shall appoint, and to hear and determine all matters cognizable before them without the formality of a writ of adjournment, and shall have power to adjourn from the place so appointed to the said courthouse, when the same shall be erected, without suing out a writ of adjournment; any law, custom, or usage to the contrary notwithstanding. And be it farther enacted, That the sheriff of the said county shall cause publick notice to be given of the place appointed by the said justices for holding courts, until such courthouse shall be built.

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